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HomeMy WebLinkAboutMINUTES-08/02/1977-Regular1 1 1 August 2, 1977 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council - Manager Form of Government Regular Meeting - 5:30 P.M. A regular meeting of the Council of the City of Fort Collins was held on Tuesday, August 2, 1977 at 5:30 p.m..in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Bloom, Bowling, Russell, Suinn and Wilkinson. (Note: Councilman St. Croix arrived at 6:15 p.m. and Councilwoman Gray arrived at 8:00 p.m.) Staff Members Present: Lanspery, Krempel, Kaplan, Jones, Liley, Wood, Rodenbeck, Thexton, Harmon, Waido, Deibel and Dowell. Also: City Attorney Arthur March, Jr. Minutes of the Adjourned Meeting of June 28, 1977; the Regular Meetings of July 5 and 19th, 1977, and the Special Meeting of July 12, 1977 Approved as Published Councilman Suinn made a motion, seconded by Councilman Wilkinson to approve the minutes of the adjourned meeting of June 28, 1977, the regular meetings of July 5 and 19th, 1977, and the special meeting of July 12, 1977 as published. Yeas: Councilmembers Bloom, Bowling, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Ordinances Adopted on Second Reading Amending the Subdivision Regulations and Amending the Zoning Ordinance Relating to P.U.D.'s Following is the City Manager's memorandum regarding this matter: 426 "Both Ordinance No. 91, 1977, and Ordinance No. 92, 1977 pertain to changes to the City's existing review procedure for subdivision plats and P.U.D. plans. Ordinance No. 91 changes the review ' procedure for subdivision plats by eliminating the requirement that final plats be approved by the City Council. Ordinance No. 92 deletes from the P.U.D. Ordinance the requirement that final P.U.D. plans be considered by the Planning and Zoning Board. These are staff -initiated ordinances which are intended to stream- line the development review procedures at the Planning and Zoning Board level and to give the City Council an earlier and more participatory role in subdivision proposals. Ordinance No. 91, 1977, and Ordinance No. 92, 1977, were both approved on first reading at the July 19, 1977, City Council meeting." Councilman Suinn made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 91, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Russell, Suinn and Wilkinson. Nays: None. ORDINANCE NO. 91 , 1977 BEING AN ORDINANCE AMENDING SECTIONS 99-4 B AND 99-4 C (1) OF THE CODE OF THE CITY OF FORT COLLINS ' BEING PARTS OF THE SUBDIVISION ORDINANCE AND RELATING TO THE APPROVAL PROCEDURE FOR SUBDIVISION PLATS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 99-4 B of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "B. Preliminary plat. After or at the time of submission of the vicinity sketch map, a subdivider shall present to the Planning Director a preliminary plat of the area being subdivided. Such preliminary plat shall be processed in the following manner: (1) The subdivider shall provide the Planning Director. with twenty (20) copies of the preliminary plat. At the time of the filing of the preliminary plat, the subdivider shall pay a fee in the amount of fifty dollars ($50.) to cover the cost of review. The Planning Director shall, when appropriate, furnish the following agencies and offices with a copy of such plat for review and comments: 427 (a) fire Department. (b) Department of Light and Power. ' (c) Department of Parks and Recreation. (d) Department of Engineering Services. (e) Public Service Company. (f) Telephone Company. (g) Ditch and Irrigation Companies. (h) Public School District. (i) State Highway Department. (j) Larimer County. (k) Post Office. (1) City Attorney. (m) Department of Water and Sewer. Such offices and agencies shall advise the Planning Director of any objections to such plat within seven (7) days after the receipt of the same, and failure to object within such seven (7) days shall constitute approval by such office or agency.. (2) Within thirty (30) days after the preliminary plat has been submitted to the Planning Director, the Planning Director shall place the matter on the agenda for the next timely meeting of the Planning and Zoning Board. At such meeting the,Planning and Zoning Board shall review the preliminary plat and shall make recommendations to the City Council either approving, approving conditionally or rejecting the plat. (3) The matter shall then be scheduled on the agenda for the City Council which shall take final action on the preliminary plat, either approving, approving with conditions, or disapproving such plat or referring. the same back to the Planning and Zoning Board for further review and recommendations. (4) In taking action on a preliminary plat, the Planning and Zoning Board and the City Council shall consider any comments received from agencies or offices receiving copies of the preliminary plat. 428 (5) Approval of a preliminary plat shall be valid for a period of two (2) years, and in the event that the final plat covers only a portion of the territory ' covered by the preliminary plat, such approval of the preliminary plat shall be automatically renewed for additional periods of two (2) years following the approval of each final plat unless the Planning and, Zoning Board notifies the subdivider to the contrary. (6) All preliminary plats shall be made at a scale of either one (1) inch equals fifty (50) feet or one (1) inch equals one hundred (100) feet, and shall be on . a reproducible medium of one (1) or more sheets with outer dimensions.of twenty-four by thirty-six (24 x 36) inches and shall contain the following information: (a) The proposed name of the subdivision. (b) Location and boundaries of the subdivision, tied to an official United States. government survey. (c) The names and addresses 6f the subdivider and the engineer or surveyor preparing the plat. (d) The date of preparation, the scale and a symbol designating true North. (e) The total acreage contained in the subdivision. ' (f) The location and dimensions for all existing .streets, alleys, easements and watercourses within and adjacent to the subdivision and the names of all such streets. (g) The location and dimensions for all proposed streets, alleys, easements, lot lines and areas to be reserved or dedicated for parks, schools, or other public uses and the names of all such streets. (h) Topography at two -foot intervals. (i) Designation of any area subject to inundation. W Land -use breakdown, including number of residential lots and typical lot sizes. 429 ii (k) Proposed sites, if any, for multifamily residential use, business areas, industrial areas, churches or other nonpublic uses exclusive of one -family ' residential areas. (1) Zoning on and adjacent to the subdivision. (m) The names of abutting subdivisions or the names of the owners of abutting unplatted property. (n) The location and size of existing utilities within or adjacent to the subdivision. (o) Such additional information as may be required by the Planning Director in order to adequately describe proposed utilities systems, surface improvements or other construction projects contemplated within the area to be subdivided. (7) In the event that the preliminary plat does not include adjoining property in the same ownership, a development plat shall also be required which shall show the entire adjoining property owned by the developer and shall designate proposed land use, suggest street layout, major land forms and natural drainage courses. Twenty (20) copies of such development plan shall be provided. The scale for such development plan shall be the same,as that required for a preliminary plat." Section 2. That Section 99-4 C (1) of the Code of the City of Fort Collins be, and the same hereby is, amended to read as follows: "(1) The final plat shall be processed as follows: (a) The subdivider shall supply the original signed final plat and twenty (20) copies to the Planning Director. The following fees shall be paid at such time to cover the cost of processing and filing the final plat: 1 Subdivision of one (1) to four (4) lots, twenty- five dollars ($25.) plus recording costs of ten dollars ($10.)"per sheet. 2 Subdivision of five (5) or more lots and sub- division plats in connection with unit development plan, fifty dollars ($50.) plus recording costs of ten dollars ($10.) per sheet. 1 430 (b) The Planning Director shall review such final plat and shall furnish copies to the offices and agencies which reviewed the preliminary plat for their ' review and comments. Such offices and agencies shall advise the Planning Director of any objections to such plat within seven (7) days after the receipt of the same, and failure to object within such period shall constitute approval by such office or agency. (c) The Planning Director shall review the final plat and any continents received from agencies or offices having copies of the final plat and within thirty (30) days after such plat has been submitted to the Planning Director, shall either approve, conditionally approve or disapprove the same and shall advise the subdivider of his actions. In the event the plat is conditionally approved or disapproved, the reason and/or conditions shall be set forth in writing. (d) In the event the actions of the Planning Director are not satisfactory to the subdivider, the subdivider may so advise the Planning Director, and in such event the matter of the final plat shall be placed on the agenda of the next timely meeting of the Planning and Zoning Board. At such meeting the Planning and Zoning ' Board shall recommend to the City Council approval, conditional approval or disapproval of the plat, taking into consideration any comments received from,agencies or offices receiving copies of the plat._ (e) After action has been taken on the final plat- -- either by the Planning Director or the Planning and Zoning Board, the Planning Director shall submit the plat, together with the recommendations thereon, to the City Council. (f) Upon receipt of the plat and the recommendations thereon, the City Council shall either approve, approve with conditions or disapprove the final plat, or refer the same to the Planning and Zoning Board for further review and recommendations. (g) After a final subdivision plat -has been finally approved, the City Clerk shall cause the final plat to be recorded in the office of the Larimer County Clerk and Recorder. 431 1 Introduced, considered favorably on first reading and ordered published this 19th day of July , A.D. 1977, and to be presented for final passage on the 2nd day of August , A.D. 1977 ATTEST: City Clerk Passed and adopted on final reading this 2nd A.D. 1977. ATTEST: City Clerk epu Y First Reading: July 19, 1977 Second Reading: August 2, 1977 Dates Published: July 24, 1977 Attest: Deputy City Clerk (Vote: Yeas: (Vote: Yeas: and August 7, 1977 day of August 6, Nays: 0) 5, Nays: 0) Councilman Wilkinson made a motion, seconded by Councilman Russell to adopt Ordinance No. 92, 1977 on second reading. Yeas: Council - members Bloom, Bowling, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 432 ORDINANCE NO. 92 , 1977 BEING AN ORDINANCE AMENDING SECTION 118-83 F (3) (e) OF THE CODE OF THE CITY OF FORT COLLINS BEING A PART OF THE ZONING ORDINANCE AND RELATING TO THE APPROVAL PROCEDURE OF A FINAL DEVELOPMENT PLAN FOR A PLANNED UNIT DEVELOPMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY.OF FORT COLLINS: Section 1. That Section 118-83 F (3) (e) of the Code of .the City of Fort Collins be, and the same hereby is, amended to read as follows: "(e). Approval. The final plan shall be submitted to the Planning Director, who shall recommend approval of the same to the City Council unless the final plan fails to conform to the approved preliminary plan and, the requirements of this section. In the event the actions of the Planning Director are not satisfactory to the developer, the developer may so advise the. Planning Director, and in such event the matter of the final development plan shall be placed on the agenda of the next meeting of the Planning and Zoning Board. At such meeting, the Planning and Zoning Board shall either recommend to the City Council approval, conditional approval or disapproval of the plan. After review and recommendation from either the Planning Director or the Planning and Zoning Board, the final plan shall be submitted to the City Council for final action. " Introduced, considered favorably on first reading, and ordered published this 19th day of July , A.D. 1977, and to be presented for final passage on the end d of A11211st A.D. 1977. yor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of August A.D. 1977. /7 - ATTEST: City Clerk Deputy 1 1 433 First Reading: July 19, 1977 (Vote: Yeas: 6, Nays: 0) ' Second Reading: August 2, 1977 (Vote: Yeas: 5, Nays: 0) Dates Published: July 24, 1977 and August 7, 1977 Attest: Deputy City Clerk Ordinance Adopted on Second Reading Amending the Subdivision Ordinance Relating to Utility Agreements This ordinance changes the name of the utility agreement to "subdivision improvement agreement" and was passed on first reading at the Council meeting on July 19,.1977. Councilman Suinn made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 93, 1977 on second reading. Yeas: Council - members Bloom, Bowling, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED ORDINANCE NO. 93 , 1971 BEING AN ORDINANCE AMENDING SECTIONS 99-4 C (3) AND 99-6 G OF THE CODE OF THE CITY OF FORT COLLINS BEING A PART OF THE SUBDIVISION ORDINANCE AND RELATING TO UTILITY AGREEMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That Section 99-4 C (3) of the Code of the City of Fort Collins be, and the same hereby is, amended by adding thereto at the end thereof an additional subsection (n) to read as follows: "(n) Appropriate space for the certification of approval by the Director of Engineering Services of a signed subdivision improvement agreement." Section 2. That Section 99-6 G of the Code of the City of Fort Collins be, and the same hereby is, amended by deleting therefrom the heading thereof, consisting of the phrase, "Utility plat agreement", .and substituting therefor the phrase, "Subdivision Improvement Agreement". 1 434 Introduced, considered favorably on first reading and ordered published this 19th day of July A.D. 1977, and to be presented for final passage on the end day of August ,,A.D. ATTEST: City Clerk Passed and adopted on final reading this end day of August A.D. 1977. yor ATTEST: OC r 610 ...✓ Phi Q Q City Clerk (Deputy) 1977. ' First Reading: July 19, 1977 (Vote: Yeas: 6, Nays: 0) Second Reading: August 2, 1977 (Vote: Yeas: 5, Nays: 0) Dates Published: July 24, 1977 and August 7, 1977 Attest: Deputy C ti y Clerk 435 1 Ordinance Adopted on Second Reading ' Annexing the Harmony Annexation The City Manager's memo regarding this is as follows: "Ordinance No. 94, 1977, was passed on first reading at the July 19, 1977, City Council meeting. This ordinance annexes 234.8 acres located east of Lemay Avenue and south of Warren Lake. Zoning for this tract is covered in a separate item of this agenda." Councilman Russell made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 94, 1977 on second reading. Yeas: Council - members Bloom, Bowling, Russell and Wilkinson. Nays: Councilman Suinn. THE MOTION CARRIED ORDINANCE NO. 94 , 1977 BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE HARMONY ANNEXATION TO THE CITY OF FORT COLLINS WHEREAS, heretofore, a written petition, together with four prints of an annexation map was filed with the City Clerk of the City of Fort Collins requesting the annexation of certain territory more particularly described below to the City; and WHEREAS, the City Council has found and determined and does hereby find and determine that said petition is in substantial compliance with the provisions of Colorado Revised Statutes, 1973, Section 31-8-107 as amended; and WHEREAS, the owners of 100% of the property to be annexed have petitioned for said annexation; and WHEREAS, not less than one -sixth (1/6th) of the perimeter of the area to be annexed is contiguous with the City of Fort Collins and a community of interest exists between the territory to be annexed and the City of Fort Collins and the territory to be annexed is urban or will be urbanized in the near future and such territory is integrated or is capable of being integrated with the City of Fort Collins; and WHEREAS, none of the provisions of Colorado Revised Statutes, 1973, Section 31-8-105 as amended, are violated by the annexation of this territory to the City; and 1 436 WHEREAS, no election is required under the provisions of Colorado Revised Statutes, 1973, Section 31-8-107(2) as amended, and no additional terms and conditions are to be imposed in connection with this annexation; ' and WHEREAS, the territory is eligible for annexation and the City Council desires to annex the same to the City of Fort Collins. NOW, THEREFORE; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That all of the territory more particularly described as situate in the County of Larimer, State of Colorado, to -wit: A tract of land situate in the County of Larimer, State of Colorado, to -wit: Considering the South line of the SW k of Section 31, Townshig 7 North, Range 68 West of the 6th_P.M. as bearing N 89 37'23",W, and with all. bearings contained herein relative thereto 'begins at the SW corner of said Section 31 and runs thence along the West line of Section 6, Township 6 North, Range 68 West of the 6th P.M. S 00010'37" W 81.00 feet to a.South right of way line of Colorado State Highway 68; thence along said South right of way line the following courses and distances: S 89037123" E 28.00 feet; thence N 45016'37" E b0.60 feet; thence S 89037'23" E 2g3.50 feet; thence S 89 54'53" E 198.00 feet; thence S 89 06'08" E 110.00 feet; ' thence N 88056'07" E 119.00 feet; thence S 89052'53" E 440.00 feet; thence S 89037'23" E 1030.80 feet; thence S 89015'23" E 31a.50 feet; thence S 89040'53" E 655.70 feet; thence S 88 41'08" E 115.00 feet; thence along the arc of a curve to the right a distance of 493.4 feet (the chord of this arc bears S 87010'53" E, a distance of 493.30 feet); thence along the arc of a curve t8 the right 29.70 feet (the chord gf this arc bears S 84 31'53" E 29.70 feet); thence S 81 09'23" E 444.60 feet; thence along the arc of a curve to the left 25.9 feet (the chord of this arc bears S 84030'38" E 25.90 feet); thence along the arc of a curve to the left 513.4 feet (the chord of this arc bears S 87 09'38" E 513.20 feet); thence N 82 35'52" E 52.08 feet; thence departing.from said South right of way line of Colorado State Highway 68 North 00 17'33" W 168.00 feet; to a point on the North right of way line of Colorado State .Highway 68; thence along the North right of way line of Colorado State Highway 68 the following courses and. distances: N 83 56'53" W 50.10 feet; thence on the arc of a curve to the left 488.70 feet (the chord of this arc bears N 87012108" W 488.60 feet); thence along the arc of a curve to the right 33.90 feet (the chord of this arc 437 bears N 84-033108" W 33.90 feet); thence N 83u05'23" W 429.88 feet to a point on the East line of the West Half of the SE ; of said Section 31; thence departing from said ' North right of way line and along said East line N 00000'43" E 2548.93 feet to the NE corner of the,West Half of the SE ; of said Section 31; thence along the North line of the South Half of said Section 31 N 89 44'55" W 3106.33 feet to the Easterly right of way line of a County Road; thence departing from said East-West centerline and along the Easterly and Southerly County Road right of way line the following cgurses and distances: S 35 29'27" W 169.92 feet; thence S 45 26'27" W 275 10 feet; thence S 58 35'25" W 511.25 feet; thence S 00601'50" E 1882.13 feet to a point on the Nortg right of way line of Colorado state Highway 68;. thence N 44 57123" W 3.92 feet; thence N 89 37'23" W 27.22 feet to a point on the West line of the Soutg Half of said Section 31; thence along said West line S 00 01150" E 170.00 feet more or less to the Point of Beginning. be and it hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Harmony Annexation to the City Section 2. That in annexing said territory to the City of Fort Collins, the City of Fort Collins does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with territory hereby annexed except as may be provided for by the ordinances ' of the City of Fort Collins. Section 3. Within ninety (90) days from the date this ordinance becomes effective, no building permit shall be issued for any of the lands herein described unless said lands have been zoned under the zoning ordinances of the City. Introduced, considered favorably on first reading and ordered published this 19th day of July , A.D. 1977, and to be presented for final passage on the zad day of August , A.D. 1977. 1 438 Passed and adopted on final reading this end A . 1977. ATTEST: Litt' werk (DepuEy—y— F_irnt ? en.din,r,: Second Reading: Dates Published: Attest: July 19, 1977 August 2, 1977 July 24, 1977 Deputy City Clerk day Of August. (Vote: Yeas: 4, Nays: 1) (Vote: Yeas: 4, Nays: 1) and August 7, 1977 Ordinance Adopted on Second Reading Annexing The Cunningham Corner Annexation The City Manager's memo regarding this item is as follows: "This 39-acre site located at the northeast corner of South Shields and Horsetooth Road has been petitioned for voluntary annexation to the City and for T, Transition District zoning classification. As a practical matter, the site cannot be serviced by district sanitary sewer. City water and sewer services can be made available without difficulty. Annexation of this site would extend the city limits between South Shields Street and South College Avenue to Horsetooth Road with the exception of an approximate 400-foot wide parcel between the proposed annexa- tion and the Foothills Park Subdivision. At its July 11, 1977, meeting, the Planning and Zoning Board voted unanimously to recommend approval of this annexation with the requested T, Transition zoning." Councilman Bowling made a motion, seconded by Councilman Suinn to adopt Ordinance No. 95, 1977 on second reading. Yeas: Councilmembers Bloom, Bowling, Russell, Suinn and Wilkinson. Nays: None. 1 1 THE MOTION CARRIED ' 439 1 1 1 ORDINANCE NO. 95, 1977 BEING AN ORDINANCE ANNEXING PROPERTY KNOWN AS THE CUNNINGHAM CORNER SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, heretofore, a written petition, together with four prints of an annexation map was filed with the City Clerk of the City of Fort Collins requesting the annexation of certain territory more particularly described below to the City; and WHEREAS, the City Council has found and determined and does hereby find and determine that said petition is in substantial compliance with the provisions of Colorado Revised Statutes, 1973, Section 31-8-107 as amended; and WHEREAS, the owners of 100% of the property to be annexed have petitioned for said annexation; and WHEREAS, not less than one -sixth (1/6th) of the perimeter of the area to be annexed is contiguous with the City of Fort Collins and a community of interest exists between the territory to be annexed and the City.of Fort Collins and the territory to be annexed is urban or will be urbanized in the near future and such territory is integrated or is capable of being integrated with the City of Fort Collins; and WHEREAS, none of the provisions of Colorado Revised Statutes, 1973, Section 31-8-105 as amended, are violated by the annexation of this territory to the City; and . WHEREAS, no election is required under the provisions of,Colorado Revised Statutes, 1973, Section 31-8-107 (2) as amended, and no additional terms and conditions are to be imposed in connection with this annexation; and WHEREAS, the territory is eligible for annexation and the City Council desires to annex the same to the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS:. Section 1. That all of the territory more particularly described as situate in the County of Larimer, State of Colorado, to -wit: 440 . The SW 4 of SW 4 of Section 26, Township 7 North, Range 69 West of the 6th P.M., except considering the West line of Section 26, Township 7 North, Range.69 West of the 6th P X -as bearing North and South and with all bearings herein relative thereto: Commencing at a point on the East line.of the County Road right of way whence the Southwest corner of Section 26 which bears West 30 feet and again south 452 feet; thence East 187.80 feet; thence North 200 feet; thence West 187.80 feet to a point on said right of way line; thence along said right;of way line South 200 feet to the point of beginning. be and it hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Cunningham Corner Second Annexation. Section 2. That in annexing said territory to the City of Fort Collins, the City of Fort Collins does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with territory hereby annexed except as may be provided by the ordinances of the City of Fort Collins. Section 3. Within ninety (90) days -from the date this ordinance becomes effective, no building permit shall be issued for any of the lands herein described unless said lands have been zoned under the zoning ordinances of the City. Introduced, considered favorably on first reading and ordered published this l9th day of July , A.D. 1977, and to be final passage on the 2nd day of August , A.D. 1977. ATTEST: r City Clerk A.D Passed and adopted on final reading this 2nd 1977. ATTEST: City erc (Deputy) 441 presented for day Of August 1 1 First Reading: July 19, 1977 (Vote: Yeas: 5, Nays: 0) ' Second Reading: August 2, 1977 (Vote: Yeas: 5, Nays: 0) Dates Published: July 24, 1977 and August 7, 1977 Attest: Deputy CityClerTF— Ordinance Adopted on First Reading Zoning the Harmony Annexation The City Manager's memorandum regarding this matter is as follows: "At its July 19, 1977, meeting, the City Council approved on first reading Ordinance No. 94, 1977, Annexing the Harmony Annexa- tion. The second reading of the ordinance was considered earlier on this agenda. The Harmony Annexation consists of 234.8 acres located on Harmony Road east of County Road 45 (Lemay Avenue). This annexa- tion provides the necessary contiguity for the Harmony Second Annexation and the one or possibly two subsequent annexations involving the Hewlett-Packard site. It also provides the ' necessary contiguity for the Landings Annexation. Both the Landings Annexation and the Harmony Second Annexation were considered by the Planning and Zoning Board at its July 11, 1977, meeting and recommended for approval. The petitioner of the Harmony Annexation has requested the T-Transition Zoning District. He has also hired the local architectural and land planning firm of ZVFK and the economic consultant firm of Hammer, Siler, George Associates to study the development potentialities of this area. These firms have met with the Planning Office and will be discussing various zoning alternatives in the near future. At its July 11, 1977, meeting the Planning and Zoning Board voted unanimously to recommend the T-Transition Zoning District as requested by the petitioner. The Planning Office is preparing a report on the land use planning alternatives for those larger areas listed below which will be discussed by the Planning and Zoning Board in September. At its September meeting the Board will formulate on a compre- hensive basis zoning recommendations for the following annexa- tions: 1. Harmony Annexation 2. Harmony Second Annexation 3. Landings Annexation 4. Cunningham Corner Annexation 5. Timberline-Horsetooth Annexation 6. Nelson-SecondAnnexation 7. Harmony Third Annexation (anticipated) 442 Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt Ordinance No. 97, 1977 on first reading. Yeas: Council - members Bloom, Bowling, Russell, Suinn and Wilkinson. Nays: None. ' THE MOTION CARRIED Ordinance Tabled on First Reading Zoning the Property Known as the Horsetooth-Timberline Annexation The'City Attorney stated that Staff is requesting that this matter be tabled to September 6, 1977 so that the several other annexations in the area be completed and the zoning question be addressed in a comprehensive manner. Mr. Garth Rogers, attorney for the applicant, stated they were in agreement to the tabling of this item. Councilman Wilkinson made a motion, seconded by Councilman Bowling to table Ordinance No. 98, 1977 on first reading to September 6, 1977. Yeas: Councilmembers Bloom, Bowling, Russell, Suinn and Wilkinson. Nays:' None. THE MOTION CARRIED Ordinance Adopted on First Reading Zoning the Cunningham Corner Second Annexation The City Manager's memo regarding this item is as follows: "At its July 19, 1977, meeting the City Council approved the first reading of Ordinance No. 95, 1977, annexing the Cunningham Corner Second Annexation. The second reading of this ordinance was considered earlier on this agenda. Mr. Richard Ellerby, the petitioner of this 29-acre Annexation is contemplating recreational commercial uses for this site. The site is located on the northeast corner of South Shields Street and Horsetooth Road. Mr. Ellerby is requesting the T-Transition zoning district to allow himself additional time to_decide __on_which_Cit-y.zoning district classification would . best accommodate his contemplated uses while receiving the official endorsement of the City Council. At the July 19, 1977 City Council meeting, Mr. Ellerby briefly discussed his plans with the Council and indicated that he would initiate additional meetings with the Planning staff." Councilman Bowling made a motion, seconded by Councilman Russell to adopt Ordinance No. 101, 1977 on first reading. Yeas: Councilmembers Bloom, Bowling, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 443 C 1 Ordinance No. 99, 1977 Referred Back to the ' Administration on First Reading Amending the Subdivision Regulations; Ordinance No. 100, 1977 Adopted on First Reading Amending the Subdivision Regulations The City Manager's memo regarding this item is as .follows: "On May 16, 1977, the Planning and Zoning Board recommended to the City Council specific changes to the subdivision ordinance City Council discussed these changes at the June 7, 1977, and July 19, 1977, Council meetings. The proposed changes are as follows: Create a new street classification for the subdivision ordinance known as a "place" which is limited in its maximum length and number of lots. This place street would allow for no greater than a 50-foot right of way and a 32-foot pavement. Staff is recommending a maximum of 11 lots with a maximum length of 350 feet. 2. Reduce the minimum front yard setback requirement for single family dwelling units from 30 feet to 20 feet provided that building envelopes are shown on the subdivision plat. ' 3. Reduce the minimum side -yard requirement for single family dwelling units from 7 feet to 3 feet, providing that building envelopes are shown on the subdivision plat. 4. Reduce the minimum lot frontage from 30 feet to 20 feet for cul-de-sac lots, provided building envelopes are shown on the subdivision plat. These changes will allow for greater flexibility in the develop- ment of subdivisions while our entire subdivision ordinance is being reviewed and revised. The major overhaul of the subdivision ordinance is scheduled to be completed by January 1, 1978. Attached is a memo from Planning Director, Les Kaplan, describing staff concerns with requiring building envelopes on subdivision plats and the justification for reducing the front -yard setback to 25 feet without a building envelope rather than 20 feet with a building envelope. Staff is cognizant of Council's concern for flexibility and innovation in single-family developments. In addressing this concern, it is important that Council distinguish between the t P.U.D. and the standard subdivision approach to single family development. The subdivision ordinance is not intended to 444 include detailed site plan review by the City, and therefore, is not in our opinion the appropriate place to add design flexibilities which require review. This is not to say that ' certain existing requirements of the subdivision ordinance thwart flexibility because the requirements themselves may be excessive. If this is the case, the requirements should be changed but not replaced with those that require site plan review. The P.U.D. ordinance is intended to promote design flexibility by providing for City review of the major design elements of a proposal in relationship to one another. While the P.U.D. ordinance should promote the opportunity for innovation in all residential housing types, it is less applicable to single family than multi -family developments due to the open space and landscaping requirements. The Planning Office has already initiated a study of the open space requirement in the existing ordinance to determine how it might be modified in order to achieve greater opportunity for its use in single-family development. The attached memo from Planning Director, Les Kaplan, describes this study. Recommendation: The Administration recommends that: 1. Ordinance No. 99 as proposed should be changed to allow for a minimum five-foot sideyard setback for single family dwelling units without a building ' envelope requirement. This should be referred back to the Administration if. Council agrees to this recommendation. 2. Ordinance No. 99 as proposed should be changed to allow for a minimum twenty-five (25) foot front -yard setback for single family dwelling units without a building envelope requirement. This should be referred back to the Administration if Council agrees to this recommendation. 3. The Administration should be instructed to proceed with reviewing the existing open space and landscaping requirements in the P.U.D. ordinance. This undertaking would benefit from the participation of the local design professionals who will be assisting with major changes to the subdivision ordinance. Recommendations for changes to the P.U.D. ordinance should be discussed with the Planning and Zoning Board and then presented to the City Council before the end of the year. 4. The Administration recommends that Council pass Ordinance No. 100, 1977, Amending the Subdivision Ordinance by adding a new street classification (place)." ' 445 Paul Lanspery, the Interim City Manager, stated that the ' minimum front yard setback recommendation from staff was for 25 feet and the minimum side yard recommendation was for five feet. Art March, City Attorney, stated that the staff is also recommending that the building envelope be taken out of this and put into a P.U.D. configuration and staff has previously been instructed to come back to Council with changes to the P.U.D. ordinance. Councilman Wilkinson stated that if this matter was going back to the Administration he would like some additional information regarding the street right-of-way in relation to the front yard setback. Councilman Suinn stated he agreed with sending Ordinance No. 99 back to the Administration for more work and what will happen to corner lots. Councilman Bowling stated he understood the problems with the building envelope; the front yard setback should be 20 feet. Councilman Suinn made a motion, seconded by Councilman Wilkinson to refer Ordinance No. 99, 1977 back to the Administration. Yeas: Councilmembers Bloom, Bowling, Russell, Suinn and Wilkinson. Nays: None. ' THE MOTION CARRIED Ordinance No. 100, 1977, adds the classification of "place" to the types of streets allowed in the City of Fort Collins. Councilman Russell made a motion, seconded by Councilman Bowling to adopt Ordinance No. 100, 1977 on first reading. Yeas: Councilmembers Bloom, Bowling, Russell and Wilkinson. Nays: Councilman Suinn. THE MOTION CARRIED Resolution Adopted Establishing the Observance of Veterans' Day Following is the City Manager's memo regarding this item: "Since 1971, we have celebrated Veterans' Day on the fourth Monday in October as designated by the Federal government. In the last year, however, there was some discussion at.the State level about observing Veterans' Day on November 11 (the originally designated day). 446 In 1977 the State and County governments will observe Veterans' Day on November 11, whereas the Federal government will observe I Veterans' Day on October 24 (the fourth Monday in October). Our Personnel Rules and Re ulations state that we will observe Veterans ay on t e ourtMonday in October. Council should decide whether to celebrate Veterans' Day on November 11 or continue with observance on the fourth Monday in October." Councilman Bowling made a motion, seconded by Councilman Wilkinson to insert the date of November 11 in the resolution and adopt the resolution establishing the date for observing Veterans' Day. Yeas: Councilmembers Bloom, Bowling, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED RESOLUTION 77-49 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING THE DATE OF VETERANS' DAY WHEREAS, since 1971, the City of Fort Collins has celebrated Veterans' Day on the fourth Monday in October; and ' WHEREAS, in 1977, the State government will observe Veteran's Day on November llth; and WHEREAS, in.1977, the Federal government will observe Veterans' Day on October 24th (the fourth Monday in October); and WHEREAS, the City of Fort Collins Personnel Rules and Regulations state the City will observe Veterans' Day on the fourth Monday of October; and WHEREAS, the City of Fort Collins needs to designate) Veterans' Day for either the fourth Monday in October or November 11. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Veterans' Day will be observed by the City on Novembej,11, 447 1 1 Passed and adopted at a regular meeting of the City Council held this 2nd day of August, A.D. 1977. ATTEST: ci o OX-A/ .AD O City Clerk (Deputy) Resolution Adopted Amending the Disability Provisions of the Employee Retirement Plan Following is the City Manager's memo regarding this item: ' "At the present time, the Employee Retirement Plan adopted by - Council on March 4, 1971, contains a section on disability which provides that any member who becomes totally and permanently disabled prior to normal retirement date and after the comple- tion of ten years or more of credited service shall be entitled to receive a retirement benefit. It further provides that after considering the member's needs, the Retirement Committee shall determine the method of payment of the disability retirement benefit. One of the methods provided for under the present plan is a lump sum benefit payable in one or more stated install- ments. The Retirement Committee met on July 14, 1977, and at that time, voted to recommend to the City Council an amendment to Section VIII of the Retirement Plan dealing with disability. The amend- ment would accomplish two things. First, it would make an employee eligible for disability benefits as of the date of employment rather than after the completion of ten years or more of credited service. The Pension Fund Actuary has deter- mined that this change would not require additional funding of the Employee Retirement Plan Drimarily because any additional benefit which would accrue to the employee as a result of increased eligibility would be very minimal. Secondly, the proposed amendment would eliminate lump sum pay- ' ments except in the case where the monthly benefit payment owed 448 to the employee was $25.00 or less. The latter change should have the effect of making the retirement plan more economically viable. In the past, several employees have been granted a t lump sum payment in disability retirement situations and some of the lump sum payments have been fairly substantial. The Retirement Committee feels that to continue granting a lump sum retirement benefit in disability situations could at some point have an adverse impact on the viability of the retire- ment plan. The attached resolution would adopt the proposed amendments to Section VIII of the current retirement plan relating to disability benefits." Councilman Wilkinson made a motion, seconded by Councilman Bowling to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Russell, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED RESOLUTION 77-50 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE DISABILITY PROVISIONS OF THE RETIREMENT PLAN OF THE CITY OF FORT COLLINS RELATING TO ELIGIBILITY FOR DISABILITY BENEFITS AND LUMP SUM BENEFIT PAYMENTS WHEREAS, heretofore on March 4, •1971, the City Council established a retirement plan for employees of the City; and WHEREAS, the Retirement Committee, being charged with the general administration of the Retirement Plan, met on July 14, 1977, and voted to recommend to the City Council that the disability provisions of said Plan be amended to accomplish the following: 1) make an employee eligible for disability benefits as of the date of employment rather than after ten.(10) years of credited service; 2) eliminate lump sum benefit payments for a disability retirement except in cases in which the monthly benefit payments are twenty-five dollars ($25.00) or less; and WHEREAS, the accompanying document, being an amended Section VIII of the Retirement Plan, would accomplish said changes; and WHEREAS, such amendment would not require additional funding for the Retirement Plan, but would provide increased benefits available to City employees and, by eliminating lump sum payments except in limited instances, would further have a positive impact on the viability of such Plan. 449 1 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT ' COLLINS that the City retirement plan adopted by resolution of the City Council on March 4, 1971, is amended by deleting Section VIII thereof relating to disability and substituting therefor the attached amended Section VIII. Passed and adopted at a regular meeting of the City Council held this 2nd day of August, A.D. 1977. ATTEST: 1ity Lim (Deputy) SECTION VIII - DISABILITY Any member who becomes totally and permanently disabled prior to normal ' retirement date shall be entitled.to receive 4 retirement benefit. Such benefit shall be equal to that portion of his normal retirement benefit which is based upon his credited service prior to the date of disability and will become payable to him at his normal retirement date. Benefits payable to disabled members shall commence on the normal retire- ment date in one of the forms of payments provided in Section VI-4 of ,this plan; provided, however, that at the option of such member a reduced benefit of equivalent actuarial value may be payable immediately upon such disability for the member's life. Any payments provided for under this section shall be subject to the provisions of Section VI-5 of this plan relating to minimum monthly payments.. 1 450 A member shall be deemed totally and permanently disabled.within the meaning of this section if the Retirement Committee determines, upon the basis of medical evidence, that the member is unable to engage in any sub- stantial gainful activity of a type related to that in which such member there- tofore engaged by reason of any medically determinable physical or mental impairment which can be expected to •result in death or to be of long -continued and indefinite duration. The Retirement Committee's determination of whether the member is totally and permanently disabled and the manner and dates of payment shall be conclusive in each case: If the Retirement Committee, with the support of medical evidence, determines, that such disability has ended prior to the member's normal retire= ment date, any disability retirement benefit payable to such member shall cease, and if such member is re-employed by the City prior to his normal retirement date and within 90 days of termination of disability, his status under the Plan immediately prior to his date of disability shall be reinstated, without impairment of his retirement benefits by reason of payments made to him during disability, but his credited service shall not include the period from his disability retirement date to his date of re-employment. 451 1 1 1 Resolution Adopted Approving Publications and Distribution I of Notice of Sale for General Obli ation Water Bonds in the Principal Amount of 000,000 Following is the City Manager's memo regarding this item: "This resolution is the first official action of the City Council relating to the General Obligation Water Bond Issue. It calls for the publication of the Notice of Sale in the Fort Collins Coloradoan and allows for the distribution of the Notice of Sale to investment banking firms, banks and others who may be interested in bidding on the bonds. The bondsale will take place on September 6, 1977, and at that same time the first reading of the Bond Sale Ordinance will . take place. The second reading of the Bond Sale Ordinance will occur on September 20, 1977, and the bond proceeds should be delivered on or about October 1, 1977. Boettcher and Company is advising the City concerning the sale of these bonds and the firm of Willson and Lamm are providing legal services." Councilman St. Croix arrived as this item came on for discussion. ' Councilman Bowling made a motion, seconded by Councilman Wilkinson to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED RESOLUTION 77-51' OF THE COUNCIL OF THE CITY OF PORT COLLINS PROVIDING FOR THE PUBLICATION AND DISTRIBUTION OF A NOTICE OF SALE OF GENERAL OBLIGATION WATER: BONDS AND ESTABLISHING THE FORM OF SUCH NOTICE WHEREAS, the City Council has determined that it is necessary to extend and improve the municipal waterworks system of the City, and to issue general obligation bonds in the amount of $5,000,000 for such purpose; and . 452 WHEREAS, pursuant to Sec. 20.3 of the City Charter, ' securities issued for water purposes may be issued by Council action without•an election on the question of issuing bonds; and WHEREAS, the City Council has further determined that such bonds shall be sold at a public sale and that it is necessary to provide for the notice of sale of bonds: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO: 1. That notice of sale of General Obligation Water Bonds, in the principal amount of $5,000,000, shall be published one time in - the Fort .Collins Coloradoan, Fort Collins, Colorado, a newspaper having general circulation in the City. 2. The notice of sale shall be in substantially the following form: NOTICE OF SALE GENERAL OBLIGATION WATER BONDS, SERIES 1977, $5,000j000 CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO SALE DATE: TUESDAY; SEPTEMBER 6, 1977 The City Council of the City of Fort Collins, Colorado, will receive sealed bids at the Council Chambers, City Hall,_ 300 LaPorte Avenue, P.O. Box 580, Fort Collins, Colorado. 805221, until 10:00 A.M. M.S.D.T. on Tuesday, September 6, 1977, for the purchase of $5,000,000 of General Obligation Water Bonds, Series 1977, dated October 1, 1977. 453 ' The bonds shall be in the denomination of $5,000 each, ' numbered 1 to 1,000, inclusive, shall bear interest payable on April 1, 1978, and semi-annually thereafter on the 1st day of April and the lst day of October each year, and shall mature serially on October 1, as follows: Amount _ Maturity $ 50,000 1979 to 1984, incl. 175,000, 1985 250,000 1986 . 275,000 1987 300,000 1988 $ 325,000 1989 350,000 1990 375,000 1991 400,000 1992 and 1993 425,000 1994 450,000 1995 475,000 1996. 500,000 1997 Bonds of this issue maturing on or before October ' 1, 1988, shall not be redeemable prior to their respective maturity dates. Those bonds maturing in the years 1989 and there- after shall be redeemable at the option of the City, in inverse numerical order, on October 1, 1988, and on any interest payment date thereafter, upon payment of par, accrued interest and the following redemption premium: 28 of principal; if redeemed from October 1, 1988 to April 1, 1990, inclusive; 1% of principal, if redeemed from October 1, 1990 to April 1, 1992, inclusive; at par and accrued interest only, if redeemed on or after October 1, 1992. Principal and interest will be payable at the office of the Director of Finance, in Fort Collins, Colorado. The bonds will the cost of extending and system of the City. The bonds will provide for th valorem tax on all of th without limit as to rate principal of and interest 1 e be issued for the purpose of paying improving the municipal waterworks Ordinance authorizing the issuance of levy and collection of a general ad e taxable property within the City, or amount, for the payment of the on the bonds. In addition, in the 454 ordinance authorizing the issuance of the bonds, the City will ' pledge to pay the principal of and the interest on the Bonds from the net revenues of the municipal waterworks system. The City also has covenanted to fix and annually to maintain rates and charges for water and services furnished by the system which, together with moneys on hand and available therefor, will be sufficient to pay operation and fiaintedance expenses of the system And the principal of and interest on all bonds and other obli- gations of the waterworks system. The bonds will be delivered at any bank or trust company in Fort Collins or Denver, Colorado, or any other place at the request and expense of the purchaser. It is anticipated that delivery of the bonds will be made within 60 days following the award of the bonds. Bids may be conditioned upon receipt of the approving legal opinion of the bond attorneys named below, but must in any and all other respects be unconditional. No bid for less than par and accrued interest to the date of delivery will be accepted. The net effective interest rate of this issue shall not exceed 7% per annum. Supplemental or "B" interest coupons and interest coupons with a 0% interest rate, are not allowed. One interest rate only shall be stated for any maturity. The maximum allowable spread between the highest and lowest interest rates is 3%. Interest rates should be stated in multiples of twentieths or eighths of one (1) per cent. The bonds will be awarded to the bidder naming the lowest net interest cost to the City, which is defined as the total amount of interest to accrue from the date of the bonds to the date of maturity, without regard to the prior redemption provision, less the total amoufit of cash premium bid, if any. The City will furnish -the executed bonds, a certified transcript of legal proceedings and the approving legal opinion. The legality of the bonds will be approved by Messrs. Willson and Lamm, P.C., Attorneys at Law, Denver, Colorado, whose legal opinion will be printed on each bond. Bond counsel's approving opinion will recite, in conventional form, that bond counsel has examined the Constitution and Laws of the State of Colorado, the Charter of the City and a certified copy of the record of the proceedings of the City taken preliminary to the issuance of the bonds, and that bond counsel has examined bond numbered one of said issue and has found the same properly executed and in due legal form. The opinion will express an unqualified opinion as to legality and as to tax exemption of interest on the bonds. 455 1 ' The matters passed upon by bond counsel do not extend beyond those mentioned in the preceding paragraph and bond counsel specifically has no responsibility for the accuracy or complete- ness of any information furnished to any person in connection with any offer or sale of the bonds. The City shall reserve the right to waive any defect or irregularity in any bid. A cashier's check or certified check drawn on a bank or trust company, payable to the City of Fort Collins, Colorado, in the amount of $100,000 must accompany each bid. The check of the successful bidder will be retained by the City as liquidated damages in the event the bonds are not taken up and paid for in accordance with the bid. Checks of unsuccessful bidders will be returned immediately. Payment for the bonds must be made in federal funds or funds acceptable to the City, at a commercial bank or trust company. in Denver or Fort Collins, or elsewhere at the successful bidder's request and expense. The City Council will meet within 24 hours following the opening of bids to consider the award of the bonds. Additional information concerning the City and this issue can be obtained from Mr. Ronald R. Wood, Director of Finance or from Boettcher and Company, 828 17th Street, Denver, Colorado, 80202 the financial consultant to the City. 1977. BY ORDER OF THE CITY COUNCIL This 2nd day of August, /s/ Ronald R. Wood Director of Finance Fort Collins, Colorado Publish in: Fort Collins i'.:oloradoan Publish on: Friday, Augusi: 19,.1977 ' I � 456 3. In addition to the publication of the notice of ' sale referred to above, the Director of Finance and Boettcher and Company, Denver, Colorado, the financial consultant to the City, are authorized to forward a copy of the notice of sale to invest— ment banking firms, banks and others who may be interested in bidding on the bonds. RESOLUTION ADOPTED AND APPROVED this 2nd day of August,. 1977. ( S E A L ) ATTEST: eputy City Clerk 1 Rate Schedule for Lincoln Community Center Adopted Following is the City Manager's memorandum regarding this item: "At the June 21, 1977, Council meeting the proposed rate schedule and general policies for the Lincoln Community Center were tabled subject to their review by the capital improvement committee of the Chamber of Commerce. This review has been completed and the committee agrees to the proposed rate structure. Suggestions have been made by the committee concerning operation and mainten- ance costs as well as procedural requirements at the Center. These suggestions will be utilized by staff as we prepare for the opening of the facility. The work of the Chamber committee in this area is greatly appreciated." Mr. Lanspery, the Interim City Manager, requested that the Council consider only the rate schedule because another work session will be necessary for the discussion of the use of alcohol at the Lincoln Community Center. Councilman Wilkinson made a motion, seconded by Councilman Russell ' to approve the rate schedule for the Lincoln Community Center. Yeas: Councilmembers Bloom, Bowling, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED 457 Resolution Adopted Approving Agreement ' with State Department of Highways Following is the City Manager's memo regarding this item: "Attached is a memo from Assistant City Attorney, Lucia Liley, regarding an agreement with the State Department of Highways. Although the agreement is basically the same as that which was approved by Council on August 15, 1974, the rates paid by the Highway Department for City services have been raised in the proposed agreement. These proposed rates are outlined further in the attached memo. The proposed agreement is for one year, with a provision that the City and the State will meet prior to termination of the agreement to establish rates to be charged by the City." The Assistant City Attorney's memo follows: "The State Department of Highways has submitted the attached agreement to the City for execution. This agreement is basic- ally the same as the agreement between the City and Highway Department approved by Council resolution August 15, 1974, and providing for the assumption by the City of responsibility ' for the installation, operation and maintenance of traffic control devices on State highways within the City with such services paid for by the Highway Department. The primary difference between the 1974 agreement and the proposed agreement is that the rates paid by the Highway Department for the City services have been raised in the proposed agreement. The 1974 agreement provides that the City be given $31.00 per signal per month {or a total yearly payment of $9,300.00 for signals (the City had 25 signals last year). The proposed agreement would allow the City to receive $36.00 per signal per month. The City presently has 26 signals which would mean we would receive a total of $11,232.00 for signals. With regard to signs, the 1974 agreement specifies a payment of $20.00 per mile per month ($240.00 per mile per year) for a total payment to the City of $1,555.00 per year for signs. Under the proposed agreement the $240.00 per mile per year formula would remain the same, with the City receiving the $1,555.00 figure for signs again this year. The proposed agreement is for one year, with a Provision that the City and the State will meet prior to termination of the agree- ment to establish rates to be charged by the City. There are ' additionally some special provisions in the proposed agreement dealing primarily with fund availability, discrimination and affirmative action. r/ The attached resolution which approves the new agreement is required by the Highway Department." 458 Councilman Suinn made a motion, seconded by Councilman St. Croix I to adopt the resolution. Yeas: Councilmembers Bloom, Bowling, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED RESOLUTION 77-52 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AGREEMENT TO BE ENTERED INTO WITH THE STATE DEPARTMENT OF HIGHWAYS WHEREAS, on August 15, 1974, the City Council approved an agreement between the City of Fort Collins and the State of Colorado Department of Highways whereby the City assumed responsibility for the installation, operation, and maintenance of traffic control devices on State highways within the City with such services paid for by the Department of Highways; and WHEREAS, the State of Colorado Department of Highways desires to enter into a new agreement with the City of Fort Collins for a one year period, whereby the City will continue to be responsible for operating and maintaining traffic control devices on the State Highway System, with such services to be paid for at increased rates by the Department of Highways; and WHEREAS, such an agreement has been prepared providing for the continuation of such responsibility by the City and payment therefor by the State Department of Highways, Division of Highways, which agreement has been approved by the City Attorney and the City Manager; and WHEREAS, the City Council has reviewed said proposed agreement and desires to authorize and approve the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the terms and conditions of said agreement be, and the same hereby are, accepted and approved, and BE IT FURTHER RESOLVED that the City Manager and City Clerk be, and they hereby are, authorized and directed to execute said agreement for and on behalf of the City of Fort Collins. 459 1 1 1 1 Passed and adopted at a regular meeting of the City Council held this 2nd day of August , A.D. 1977. ATTEST: City Clerk (Deputy) Report From City Manager 1) The City was notified in June that it was possibly eligible for funds under the Public Works Employment Act under the Economic Development Administration. To qualify, we would need to have 4,000 people in a contiguous area with an unemployment of 8.5%. This past week the unemployment rate has been revised to 6.5% and the downtown and the northwest part of town do qualify. These funds could be used for additional capital improvements in the downtown area. 2) Home Federal Savings has given the City a letter of commit- ment for their parking facilities for the Lincoln Community Center. 3) Mike Powers, the new Personnel Director, started on August 2, 1977. Report from City Council Members on Committees Councilman Suinn reported on the meeting regarding the 208 Planning Committee. Councilman Wilkinson was in attendance at this same meeting. Councilman Russell stated he had missed the last meeting of the Platte River Power Authority but did report on what the meeting was to discuss. Mayor Bloom stated that the Colorado Municipal League Pension Group met and reviewed their current standing. The next meeting will be to discuss some goals and objectives. Councilman Bowling stated that at the next meeting of the COG the report from the study committee on the Platte River Power Authority is to be turned in. 460 City Council Review of Larimer County Land Use Plan This item was discussed earlier at the short work sesion preceding the regular meeting. The Mayor stated that a letter ' to the County will be drafted on Wednesday, August 3rd stating the concerns of the City with regard to the Land Use Plan. See pages 475 and 476 for the work session minutes. Citizen Participation Mayor Bloom was not present after the dinner break. a. Mr. James Stilson, 1825 Manchester Drive, spoke in opposition to the Council decision made previously on the Village West Ninth filing and the conduct of the Council representative from that particular area. b. Dr. Bonsall Johnson. 1828 Manchester Drive, spoke in opposi- tion to the Council decision on Village West Ninth and the concerns of the residents in the area. C. Mr. David Brown, 301 East 0live, spoke to a request for a variance in regard to the sign code, specifically Section 118-92(B) of the Code. Mr. Art March, City Attorney, stated that there was a variance procedure available through the Zoning Board of Appeals. d. Police citations to Art Lewis and Chuck Cross were presented ' in recognition for 50,000 accident free miles in a police patrol unit. Resolution Adopted Setting Forth City Goals and Objectives Councilwoman Gray arrived during the discussion of this particular item. The City Manager's memo regarding this item follows: "The attached City of Fort Collins "Goals and Objectives" reflect those changes initiated by Council in June. These final changes represent the culmination of a comprehensive process involving citizens, boards and commissions, City staff and Council to produce the document. It is expected that the Goals and Objectives will serve as a document for establishing a community direction to be followed in future years as the City grows." 461 ' Mr. Nick Leonard spoke to the make-up of the Goals and Objectives. ' Mr. James Stilson inquired as to the school district boundaries. Mrs. Phyllis Wells spoke to the entire process of developing the Goals and Objectives statement. Councilman Bowling made a motion, seconded by Councilwoman Gray to adopt the resolution. Yeas: Councilmembers Bowling, Gray, St. Croix, Suinn and Wilkinson. Nays: None. (Councilman Russell out of the room.) THE MOTION CARRIED RESOLUTION 77-53 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPRESSING APPROVAL BY THE CITY OF THE GOALS AND OBJECTIVES OF THE COMPREHENSIVE PLAN WHEREAS, the citizens of the City of Fort Collins have devoted an extraordinary amount of time and effort in developing the Goals and Objectives; and WHEREAS, the Goals and Objectives have been reviewed by all City I Departments which have provided significant input of their own; and WHEREAS, the general public has had the opportunity to review and comment on the Goals and Objectives through two public hearings; and WHEREAS, the City's Boards and Commissions have had the opportunity to review and comment on the Goals and Objectives through .three public hearings; and WHEREAS, the Goals and Objectives provide the opportunity for consistency between land use decisions and the provision of public facilities and services; and WHEREAS, the Goals and Objectives is a foundational document which allows considerable flexibility in determining detailed policies and programs/projects necessary to implement them; and WHEREAS, the Council of the City of Fort Collins will decide what priorities will be established in implementing the Goals and Objectives; and WHEREAS, the Goals and Objectives will be reviewed periodically by the Council of the City of Fort Collins to insure that they represent the values of the community 1 462 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT ' COLLINS that the City of Fort Collins hereby approves and endorses the Goals and Objectives of the City of Fort Collins, dated June 21, 1977. Passed and adopted at a regular meeting of the City Council held this 2nd day of August, A.D. 1977. ,/ Assistant Mayor / ATTEST: G Deputy City Clerk Replat of Fahrenbruch Leisure Village Subdivision, Fourth Filing Final Plans and Plat Tabled Following is the City Manager's memo regarding this item: "This subdivision consists of 2.1 acres zoned R-P (Planned Residential District) located at the south end of Leisure Drive. The developer proposes to construct five two-story rental townhouse apartment buildings consisting of 24 units. This proposal was reviewed by Council at their June 21, 1977, meeting and referred back to the Planning and Zoning Board with the understanding that the following conditions be met: 1. The plan should be revised to provide adequate emergency access. One acceptable solution would be to connect the east and west parking areas with a pedestrian walk type fire lane around the rear of the site. 2. The plan should indicate how the parking requirements of the P.U.D. ordinance will be met. This will involve either adding three or more parking spaces or specifying the number of two bedroom units. 3. Two buildings at the east end of the site should be altered so as not to encroach on a 30-foot landscaped buffer area along the south and west boundary of the site adjacent to single family lots in R-L zone along Del Clair Road and Tulane Drive. 4. Elevations of buildings should, be. submitted.... 463 ' 5. The subdivision plat should indicate utility easements as well as common access easements for parking lots ' and common open space. 6. Open space maintenance guarantee and legal instrument should be approved by City Attorney's Office. A revised plan has been submitted which addresses these condi- tions as described in the attached memo .from the planning staff. Since the June 21, 1977, meeting City staff have been requested by area residents to investigate the possibility of acquiring either all or part of this site as a neighborhood park. The need for a small neighborhood park in this area can be justified. The problem, however, arises in that we would be faced with paying a high price for a potential park site (as compared to other park acquisition costs) because of the present commercial value of the property. The developer is agreeable to discussing a possible sale of a portion of his property to the City. In order to develop a mini park (play equipment, picnic tables, etc.) a minimum of .75 acre is necessary. To acquire this necessary acreage at the proposed site would cost the City a minimum of $30,000. There would also have to be an improved access lane developed to the site from the south which would also require additional expenses to the City. We have explored other sites in the immediate vicinity and again because of the developed ' state of the area would be required to pay a similar level for a comparable site." The Planning and Zoning Board recommendation is as follows: "At its July 11 meeting, the Board considered the revised site plan and voted unanimously to recommend its approval subject to the following conditions: 1. In lieu of elevations, a note should be added to the site plan specifically limiting height (two stories). 2. A screening fence should be indicated on the plan for the south and west boundaries of the site. 3. The subdivision plat should indicate utility easements as well as common access easements for parking lots and common open space. 4. Open space maintenance guarantee and legal instrument should be approved by City Attorney's Office. The applicant has agreed to these conditions, and we anticipate their being handled prior to the August 2 Council meeting. The staff recommendation is for approval on this basis." 464 Planner II, Paul Deibel stated that all of the conditions except number 4 have been met. ' Paul Lanspery stated that the residents of the area have questioned staff regarding a park in the area. Sandra Freeman, a property owner on Stanford Drive,__spoke_ to the number of small children in the area, and the distance to Edora Park and to Boltz Jr. High for park facilities. Mr. Tom Metcalf spoke to the events pertaining to a homeowner's association, the school impact and the possible impact to traffic. Mr. R. Moore, the developer, spoke to the steps taken to remedy the problems within the area and concessions made to meet the planning and zoning requirements. H.R. Phillips, Director of Parks and Recreation, spoke to the need for a park in this area, the current parks and future parks. Mr. Ted Gatteau, representing the developers, spoke to trying to provide the park area needed or requested by the residents of the immediate vicinity and to all of the other requirements provided as required for a P.U.D. development. Councilman Bowling made a motion to table this item for two weeks with instructions to the administration to investigate the adjoining area and make a report back on that area and what can be done, if anything, and an answer to the park problem. Councilwoman Gray seconded the motion. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Foothills Square P.U.D. Preliminary Plan Approved Following is the City Manager's memo regarding this: "This is a proposal for a retail shopping center on 13 acres zoned H-B, Highway Business District, located at the northeast corner of South College Avenue and Horsetooth Road. The main entrance driveway to the center will be off Horsetooth Road and located far enough to avoid conflicts with the intersection of South College Avenue and Horsetooth. The major issue that has arisen in the proposal involves side- ' walks and pedestrian access. Staff recommended that sidewalks should be included along all four streets bordering the site. 465 The developer has agreed that the question of pedestrian ' circulation through the site should receive closer analysis. The Planning and Zoning Board voted 6 to 1 to recommend approval of the plan subject to settlement of the sidewalk question between developer and staff. To date the applicant has submitted a revised site plan which provides adequate pedestrian facilities on three of the four bordering streets." Following is the Planning Staff's comments as set out in a memo dated July 28, 1977: "The applicant has submitted a revised site plan which provides adequate facilities along S. College, Lemay, and the north -south street at the east end of the site. Thus the only question that remains concerns sidewalk along the south side of Monroe. Concerning sidewalks in general: the staff feels that side- walks are an essential requirement for all urban development. The city properly requires sidewalks for low density residen- tial streets, and should certainly require them in areas of major pedestrian activity such as shopping areas. Moreover, provision of sidewalks is not "negotiable" in standard sub- divisions, and should not be considered as such for P.U.D.'s. Concerning sidewalk along Monroe: A sidewalk along Monroe is necessary so as to provide a well defined public pedestrian access from the east to the planned pedestrian crossing of S. College at Monroe. Monroe is the best location for this crossi.zf because signalization of this intersection can be sequenced in conjunction with the signals at College and Horsetooth and at.College and Foothills Parkway to allow enough time for pedestrians to cross safely without disrupting traffic flows. Neither of the latter intersections will allow this. Not all pedestrians will cross at this location, but a safe signalized crossing should nevertheless be made available and accessible with sidewalks, including one along Monroe. The staff recommendation is for approval of the preliminary plan but with sidewalk along Monroe Drive. Last minute postscript (29 July 1977) We have had additional discussion with the applicant who has indicated his agreement to installation of sidewalk along the south side of Monroe. 466 Paul Deibel, Planner II, stated that the problems of pedestrian access and circulation have been solved. Councilman Wilkinson questioned the need .for a pedestrian I sidewalk on College Avenue. Councilman St. Croix also questioned the sidewalk on College Avenue. Councilman Russell asked about the 10% parking variance. Councilwoman Gray stated she was in agreement to having a sidewalk in this area on College Avenue. Councilman Bowling stated he thought this was a good plan. Councilman Suinn stated he agreed with the requirement for the sidewalk on College Avenue. Councilwoman Gray made a motion, seconded by Councilman Bowling to approve the preliminary plan of Foothills Square P.U.D. Yeas: Councilmembers Bowling„ Gray, Russell, St. Croix and Suinn. Nays: Councilman Wilkinson. THE MOTION CARRIED Amendment of Foothills Plaza North P.U.D. I Preliminary Plan Approved The background and•Planning and Zoning Board recommendation on this item follows: "Background In June, the Council gave preliminary approval to an extension of this P.U.D. to the north to include a tract for an office building. This current proposal, however, is a relatively minor change to the approved site plan for development at the south end of the site. Specifically, the proposal is to join what are now two separate building envelopes on either side of the Larimer County No. 2 canal into a single envelope including area over the canal. The plan is still to develop two buildings, but to connect them with a pedestrian deck spanning the canal. Planning and Zoning Board Recommendation: Conditional Approval At its July 11 meeting, the Board voted unanimously to recommend approval of the preliminary plan subject to the following ' comments as suggested by the staff: 467 1. The interior pedestrian circulation system should ' connect with signalized pedestrian crossing of ' S. College at Monroe, and public sidewalks to the south. 2. Five or so proposed parking spaces closest to the corner at S. College_a_nd Monroe should be eliminated in place of prominent landscape treatment of corner as per currently approved plan. Parking ratio is high enough to warrant this. The developer has agreed to these suggestions. The staff recommends approval on this basis." Councilman St. Croix made a motion, seconded by Councilman Russell to approve the amendment of the Foothills Plaza North P.U.D. preliminary plan. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Amendment of Lot 1, Harvard P.U.D. First Filing Conditionally Ap proved... ' The background and the Planning and Zoning Board recommendations are as follows: "Background This is a proposal for a one-story retail building at the corner of Harvard and the S. College Ave. frontage road. This would be in lieu of the gas station shown for this lot on the currently approved 1972 site plan. The proposed site plan includes the following statement of planning objectives: "Proposed development is for a one story building to be used as a leasable retail space, accommodating two tenants. Building characteristics include large windows both street sides to allow maximum visibility of merchandise. The entry area achieves added interest through the use of extensive landscaping, a graphically bold building sign, and a covered canopy.seating area which may be used for display space. This development provides good vehicular and pedestrian circulation with the existing Harvard development, and facilitates an interrelationship -between the proposed building and the unit development to the North." 468 1 Planning and Zoning Board Recommendation: Conditional Approval At its July 11, meeting, the Board voted unanimously to recommend I approval subject to the following conditions: 1. Building should be shifted away from the north property line so as not to conflict with proposed landscape treatment as approved for the S. College Commercial P.U.D. bounding this site to the north. 2. Submittal of final landscape plan. The applicant has revised the building location as per the first comment above. Final landscape plans have just been submitted as of this writing, and have not been fully reviewed by city staff. We are nevertheless placing this item on the August 2 Council agenda at the applicant's request, and we expect to have reviewed the landscape plan prior to the Council meeting. Staff recommendation is for approval subject to landscape plan review." Planner II, Paul Deibel, stated there had been a meeting with the developer and the landscape architects and the landscape plan will be filed soon. The Planning staff is requesting that they be allowed to administratively approve the landscape plan along with the landscape letter of approval. ' Mr. Moe Mekelburg, the applicant, stated that the landscape plan will meet all the requirements. Councilman Bowling made a motion, seconded by Councilwoman Gray to approve the amendment of Lot 1, Harvard P.U.D., First Filing, subject to receiving the landscape plan and the letter of credit. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED Riverside Commercial P.U.D. Preliminary Plan Approved Councilman Wilkinson withdrew from the discussion and voting on this item due to a possible conflict of interest. The Planning and Zoning Board background, recommendation and staff comments are as follows: "Background This is a proposal for a mix of commercial uses (as per the B-P ' 469 zone) to be planned and reviewed as a P.U.D. but with ' development to occur on six individual lots in separate ownerships. The plan combines larger retail buldings along Riverside (Buildings C and D on attached site plan) with smaller professional office buildings to the west (Buildings A, B, E, F, G). Please see the attached statement of planning objectives submitted by the architect which discusses in detail the specifics of the proposal. 1 1 Planning and Zoning Board Recommendation: Conditional Approval The Board discussed this proposal at its July 11 meeting. Staff comments were that the proposal appeared to have more the characteristics of a subdivision than a P.U.D. due to the constraints set by the parcelling of lots around a dedicated cul-de-sac. The staff did not feel that this was undesirable per -se, but that the specific layout of parkine and driveways was overly constrained in some places by lot lines and the location of the interior dedicated public street. A more serious problem appeared to be a significant shortage of parking which would lend itself to shared parking among uses as is nor- mally the case, in a P.U.D. The staff made specific suggestions as to how these problems could be addressed. The staff recom- mendation to the Board, however, was that the item be tabled so as to allow revision of the internal circulation and parking layout. The developer and the architect of the project responded at the meeting, to the concerns expressed by the staff and the Board and discussed some specific revisions to be made in response to these concerns including changing the dedicated cul-de-sac to a private drive. The developer asked that the matter not be tabled, however. The Board felt that the staff discussion and the developer's response were specific enough so that the proposal need not be tabled. The Board voted unanimously (with two abstentions) to recommend approval of the preliminary with the following conditions: 1) that adequate parking for "Building C" be provided on Lot 1; 2) that the plat and/or deed restrictions clearly indicate that parking will be common (i.e. shared among lots); 3) that the interior drive and landscape treatment be used to define and separate medical and retail uses. 470 Staff Comment ' The applicant has submitted a revised preliminary plan that responds to the major concerns discussed by the staff and the Planning and Zoning Board. Adequate parking for the large retail building (Bldg. C, lot 1) has been provided and interior parking circulation has been improved with driveway connections among lots. A pedestrian link with the Elizabeth Medical P.U.D. to the south has also been added. The basic layout still entails a central cul-de-sac drive, although the entrance to this drive will be a standard driveway curbcut entrance (i.e. concrete apron, not curbed radii). The staff feels that this drive should not be, or even look like, a public street so as to better define this development as a planned unit and thereby bolster the viability over time of the shared parking and coordinated architectural and landscape treatment that characterize the proposal. The staff recommendation is for approval on this basis." Councilwoman Gray made a motion, seconded by Councilman Bowling to approve the preliminary plan for the Riverside Commercial P.U.D. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix and Suinn. Nays: None. (Councilman Wilkinson out of room.) THE MOTION CARRIED ' Other Business A. Assistant Mayor Suinn stated that Council needed an executive session on August 3, 1977 to discuss personnel matters. Councilman Bowling made a motion, seconded by Councilman St. Croix to call an executive session for the purpose of discussing personnel matters. Yeas: Council - members Bowling, Gray, Russell, St. Croix and Suinn. Nays: None. THE MOTION CARRIED B. Bob Ferluga, Director of the Downtown spoke to the change orders necessary ment district as listed below: 471 Redevelopment office in the special improve- CHANGE ORDERS FOR THE DMT1C7WN PFP August 2, 1977 ' ACE TILE & TERRAZZO (BRICK PAVING) 9.LOVELAND TURF SPRINKLER (IRRIGATION) Original Bid $90,872 Original Bid $ 19,800 Modification of Anticipated Change Order installation 1,000 estimated to be $3,000-$4,000 New Contract Amt. $91,872 2. BATH, INC. (PLANTING) Original Bid'. $47,000 3. BARGELT (MECHANICAL WORK) Original Bid $58,455 Change Order #1 (Still under discussion) 455 4. BURCH ELECTRIC (ELECTRIC WORK) Original Bid $31,107. �DELOZIER CONSTRUCTION (CANOPIES) Original Bid $ 219,615 Change Order #1 20,669 New Contract Amt.$ 240,234 10. MAYCROFT I4ASONRY (VAULT PALLS) Original Bid was in Unit Prices. We used Architect's estimate for maximum, but felt we would overrun it. Estimated Cost $ 825.00 Additional Payment 325.78 Actual Contract Amt. $ 1,150.78 11. MORGAN CONSTRUCTORS (TREE HOLES,FRAMES) Original Bid $ 10,000.00 Change Order #1 319.67 L New Contract Amount $ 10,319.67 12. NEENAH FOUNDRY (TREE GRATES) Original Bid $ 17,667.00 13. WESTERN STATES CONCRETE (DEMOLITION) 6. FLATIRON PAVING (ASPHALT) Original Bid $ 58,278.60 Original Bid was in unit Change Order #1 1,625.92 prices. We set a ceiling Change Order #2 2,757.90 of $ 7,590 Change Order #3 2,000.81 New Contract Amt. $ 64,663.23 7. GREEN SPOT, INC. (TREES) Original Bid $ 2,160 14. WESTERN STATES CONCRETE (CONCRETE WORK) Change Order #1 540 Original Bid $143,021.54 New Contract Amt. $ 2,700 Change Order #1 1,3410.80 Change Order #2 1,526.40 8. KROH, INC. (TREES) New Contract Amt. $145,888.74 Original Bid, ' Trees I $ 13,972 Original Bid, 15.CARPENTRY Trees II 6,552 Change Order #1 (I) 471 Architect's Estimate $ 17,600.00 Change Order #1 (II) 174 Sole Bid Price 36,000.00 New Contract Amt. $ 21,169 (DeLozier) 472 *General Improv�m�nt. District Funds 16. WORK BY CITY CREWS ' Total to Date $ 177,900.89 Originally Budgeted 175,305.00 Overrun $ 2,595.89 SPECIAL IMPROVEMENT DISTRICT SUMMARY OF CHANGE ORDERS 1. Ace Tile Modification $ 1,000.00 7. Green Spot Change Order #1 540.00 8. Kroh Change Order #l(Trees I) 471.00 8. Kroh Change Order #l(Trees II) 174.00 10. Maycroft Overrun 325.78 11. Morgan Change Order #1 319.67 13. Western States Demo. C.O.#1 1,625.92 C.O.#2 2,757.90 ' " C.O.#3 2,000.81 14. Western States Conc. C.O. #1 1,340.80 C.O. #2 1,526.40 Subtotal $ 12,082.28 16. City Crews Overrun 2,595.89 Subtotal $ 14,678.17 Anticipated: Bargelt C.O. #1 455.00 Loveland Turf 4,000.00 TOTAL $ 19,133.17 473 Councilman Bowling made a motion to approve the change orders as presented. The motion was seconded by Councilman ' St. Croix. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. 1 1 THE MOTION CARRIED C. City Attorney Art March stated that Council needed to call an executive session to discuss strategy with the City Attorney. Councilman Wilkinson made a motion to call an executive session after the General Improvement District Board meeting, seconded by Councilman St. Croix. Yeas: Councilmembers Bowling, Gray, Russell, St. Croix, Suinn and Wilkinson. Nays: None. THE MOTION CARRIED The Assistant Mayor adjourned the meeting at 10:45 p.m. ATTEST: Deputy ty Glerk 474